08/19/2014

Notice of Decision by the High Representative to Lift the Ban Imposed on Mara Jurković by the High Representative Decision dated 7 September 2000

85/14

The High Representative by way of his Decision dated 7 September 2000 (“the 2000 Decision”) removed Ms. Mara Jurković from her position as Head of Department for General Administration, Culture and Sports in Čapljina. This Decision also barred Ms. Jurković from being a candidate for elected or appointed office and from holding appointed public office (“Ban”) unless authorized to do so.

Upon consideration of Ms. Jurković’s case, I have decided to repeal the Ban. Ms. Mara Jurković is no longer barred by the decision of the High Representative from being a candidate for elected or appointed office and from holding appointed public office. For the avoidance of any doubt, any ban arising out of the 2000 Decision is hereby lifted.

The principles of equity, proper governance and judicious exercise of the High Representative’s international mandate, all of which take into account the balance between the protection of national stability and the rights of the individual, justify this outcome.

This Decision does not call into question the validity of the 2000 Decision. This Decision does not entitle Ms. Jurković to restoration to the office from which she was removed pursuant to the 2000 Decision. Further, this Decision does not entitle her to compensation for any remuneration, other forms of unvested monetary benefits or privileges or status forfeited as a result of the 2000 Decision.

This Decision does not constitute an amnesty but rather a repeal, prospectively, of the 2000 Decision. The latter is not expunged and remains as part of the legislative record of Bosnia and Herzegovina.

This Decision does not affect or otherwise prejudice any pending or impending legal proceedings in or outside of Bosnia and Herzegovina.

To the extent the terms of this Decision contradict domestic legislation on any of the subjects encompassed thereby, the former shall prevail. High Representative Decisions supersede and preempt contradictory domestic legislation. This legislative statement is declaratory of existing and prospective High Representative Decisions.

This Decision has immediate effect and will not require any further procedural steps.

This Decision shall be published without delay in the Official Gazette of Bosnia and Herzegovina.

Sarajevo, 19 August 2014

Dr. Valentin Inzko
High Representative